Shankar Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27491 of 2018 Arising Out of PS.Case No. -38 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================
1. Shankar Mistry Son of Bacchu Mistri, Resident of Village-Oraiya, P.S.- Akbarpur, District-Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with G.O.Case No.38 of 2012 registered for offences punishable under Sections 15 and 8 of Bihar Saw Mills (Regulation) Act, 1990. Allegation against the petitioner is that he was running a Saw Mill against the provisions of the Bihar Saw Mills (Regulation) Act, 1990.
Submission of the learned counsel for the petitioner is that he had closed the saw mill prior to one year of occurrence and as punishment is only one year, it shall be bailable however, his prayer for anticipatory bail has been rejected. Heard learned A.P.P. also.
From perusal of the impugned order itself, it appears that
Patna High Court Cr.Misc. No.27491 of 2018 (4) dt.03-07-2018 2/2 the learned court below has directed the petitioner to surrender before the learned court below and pray for regular bail, which will be considered on the aforesaid aspect of the matter, as such in that view of the matter, this application is disposed of with direction to the petitioner to surrender before the learned court below within a period of four weeks from the date of receipt of the order and take above plea, which will be considered by the learned court below after verifying the fact that Sections 15 and 8 of Bihar Saw Mills (Regulation) Act, 1990 are bailable or non-bailable. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U